Cyprus Law | Trespass to Immovable Property in TRNC Civil and Criminal Law

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Trespass to immovable property in civil law consists of any unlawful entry upon, or any unlawful damage to or interference with, any such property by any person. Where the acts complained of are permitted by local custom, such custom if established shall be a defence in a civil action but in any civil action brought in respect of any trespass to immovable property the onus of showing that the act of which complaint is made was not unlawful shall be upon the defendant. For example visiting a friend and knocking on her/his door after passing through his garden can be said to be a local custom.

İn criminal Law if any person enters into or upon property in the possession of another with intent to commit an offence punishable by the criminal code, or by any law in force within the TRNC, or to intimidate, insult or annoy any person in possession of such property; or having lawfully …entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence punishable by the criminal code, or by any law in force within the TRNC is guilty of a misdemeanour termed criminal trespass and is liable to imprisonment for two years. Unauthorised cultivation and forcible detainer are also offences under the criminal code which are similar in some ways but not the same.

As you can see in both civil and criminal law there are basically only two elements needed for the establishment of trespass to immovable property. In civil Law, which means for it to be a civil wrong (tort), the first element is entry upon immovable property or damage to or interference with, any such property by any person and the second element is for any of these to be unlawful. İn civil Law the said acts may be unlawful if the said acts are done without the consent of the rightful owner or person in possession of the immovable property whereas in criminal law for the act to constitute criminal trespass you would need more than just not having consent to enter the property as you can see from the above written. I don’t want to go into landlord and tenant law at this point because that subject is very technical, complex, long and complicated and is or maybe very hard for most to understand but I must say that sometimes a tenant (s) may become a trespasser according to the above… but even in this situation you would need an eviction order obtained from the court by filing a civil case etc to be able to evict the ex-tenant but you can also claim and obtain mesne profits etc and if they evict the property after the criminal complaint and/or charge it could only be used in mitigation if it is also a crime….

You can only win if you fight and fight in the right way…

Legal Eagle

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